LAW REPORTS.

Dominion, Volume 6, Issue 1686, 28 February 1913, Page 9

LAW REPORTS.

LOWER COURT. (Before Mr. W. G. Riddel), S.M.) EMACIATED CATTLE ON TRAIN. S.P.C.A. CASE. • "CANNERS" FOR THE ABATTOIRS. Ia the Magistrate' 3 Court yesterday Ir. W. G. Riddell continued the hearing f the , case jn whioh Alexander James looper', stock agent, Masterton, and 'liomas Vivian Cavcrhill were charged ?ith having on October 30 Inst caused eventeen head of cattlo to bo conveyed by train) from Masterton to Ngahauranga n such a manner as' to subject the aniaals to unnecessary pain and suffering. The proceedings were instituted by the lociety for the Prevention of Cruelty to Uimals, for whom Mr. V. R. Meredith ippcared. Mr. A. Blair represented the lefendants. Tho case was partly heard in December, ind at that time evidence for the prosecuion was heard. Tho evidence was to the fleet that the'stock arrived at Nganauanga in a very emaciated condition, that ome were condemned post-mortem, and 01110 ante-mortem. Mr. Blair, addressing the Court, said hat the condition of the cattle on their i-rrival at Ngahauranga was not tho ques- ■. ion; their condition on leaving Masterton via what concerned tho Court. The dcendants could not be held responsible for vhat was disclosed post-mortem. No evilenco had been given as to tho general ippearance of the cattle whon they left :ho yards at Masterton, 'although there nust have been many people at the sale rho could have helped the Court on that joint. He proposed to show that cattle vhioh were apparently perfectly healthy night be found through examination after leatli.to be diseased. He would call evilenoe to tho effect that a £east Which was iwarded a first prize at a recent show was lubsequently killed, and found to be unit for consumption. . William Cox, farm manager, near Mas«rton, deposed that on the day of the lalo he was working for M'lntosh and Co., vho sold the cattle. Ho was engaged in ;he drafting of these Cattle, and lie put ;hom into a pen as "potters." A "potter" ivas a beast not good enough to turn out 'or fattening, but was worth something !or its hide, etc. His Worship- What is tho,difference between a.."potter" and a "boiler"? - Witness: They are practically the same.' [n fact, a "potter" is a little bit better than a "boiler." Mr. Blair: Thero aro tlireo terms— 'potter," "boiler," and "canner." ; Continuing, witness said that his experience was that, cattle •_ got knocked ibout sometimes on a train journey—at times ono might get a couple killed in tho trucks. The cattle in this lino were just tho same as other lines of "potters" ivhich had been sent down during his ex- ■ perienco of tho last four years. To "Mr. Meredith: He disagreed with statements that the. cattle were emaciated, and ho was surprised at someono having said that two of them were dying through weakness when they got to Ngahauranga. Ho did not think that thejr had been practically starved for some timo teforo they were put or. the trucks. James Cooper, farmer, Martinborough, gave evidence that lie knew the cattlo concerned' in the case; He reincmberfd Cavcrhill buying the line; and he wouid describe them as "canners" worth between £2 nnd 12s. Gd., which was the usual price. He had been about twenty-three years; amongst. stock, . and he had had cattle conveyed By train. It was his experience that tome slock got knocked about a good deal on the trains. It was the glimiting whioh did this. "Canners" would feel (lie effect of travelling more than good-conditioned beasts, because they r were not so strong. j Mr. Blair said that there were /other £ men whom he had intended to call, but ( tliese had "wandered Off to a pale in > ( Happy Valley," or done something of ( that kind, so ho would have to do without , them.' ' , , J Decision was reserved. , , OTHER POLICE CASES. ! *—~ ~~ , 1 (Before .Mr. W. G, Riddell, S.M.) < For insobriety, Kate Brady was, fined j 55." • Lucy Westonwas charged with having . used certain language. She nl (jaded guilty,, mid was fined ~£2, and ordered to pay 45.. in witness's expenses. . CIVIL LIST. ' (Before Dr. M'Arthur, S.M.) 5 CITY COUNCIL CASE. ■ • TRAMWAY AWARD BROKEN. Judgment was . delivered by Dr. M'Arthur, S.M., in the case in whioh tho Inspector of Awards proceeded against the Wellington City Council seeking to recover J&10 as a penalty for a breach of the Wellington Tramway Employees' agreement, dated November 27, 1011. Tho -particulars of thfe alleged breach were: Til© council, on September 23, 2G, 27, and 28, 1912, did employ a fireman named Tomlinsoii, repairing furnaces and did only pay him Is. 3d. per hour, instead of Is. id. as provided by the abovementioned award." His Worship said that counsel for tho defenoe had contended, that tho alleged broaohes were governed by usage, but with this lie did not agree. He considered that the defendants had committed a breach, but as interpretation only was sought no penalty would be inflicted. WORK ON A HOUSE. Dr. M'Arthur delivered judgment in the case of Arthur Robert Barnes, painter and paperhanger, v. W. H. Collio. furniture dealer, and Percy Hudson, builder. Plaintiff claimed .£43 IDs. Bd. for work done to a house for W. 11. Collie at t Island Bay, aad the defendant Hudson ■OTiinterclaimed ,£2O for . alleged non-com-his sub-contract by the specified time..-Judgment-was entered for plaintiff, Barnes, on thi? .claim (which was admitted), and for defawlant, Hudson, for the amount sought in tftvcounterclaim. ■ < CONTRACTOR'S Va>AIM. Edward Ross Sweenej-, contNctor, Kilbirnio, sued James Scott, contractor, Ngaky'for .£2l Is., as tho balanceMne for work done and mnterial kerbing and channelling. \ Defendant counter-claimed for wCIO 3s.j for work alleged to have been done andmaterial alleged to have been supplied in the completion of the work referral to, and jCIO as damages for plaintiff'si failure arid refusal to complete tho work' in accordance with agreement. Mr> A.'M. Salck appeared for the plaintiff, and Mr. P. W. Jackson for tho de- • fendnnt. . Judgment was reserved. UNDEFENDED CASES. In the following cases judgment was entered for the' plaintiff by default:— Alcock and Co., Ltd., v. W. T. Maher, J!5 35., and -El 3s. fid. costs; Charles I?. Parata v. T. Ruapittahanga, J!3J 9s. Oil., and £i 195.; Henry Wright v. John Moffrvttj .£2O 7s. 9d., nnd .£2 155.; Charles Pratt .and Co. v. F. E. Winnie, .£2 14s. ' Id., and 10s.; same v. N. J. Smith, .£5 10s. Id., and ,61 3s. Gd.; Lancaster Land Co., Ltd., v. John /Moffat, .£23, and £2 155.; Empire Boxmakiug Co., Ltd., v. F. Tapp, i£3 12s. Gd., and 55.; Townsend and ' Paul, Ltd., v. Frederick Diamond, .£l9 Bs. 3d., and J2l 10s. Gd.; Dayton Moneyweight' Scale Co., Ltd., v. Patterson Bros., •£!> and ,£1 Os. Gd.; Novelties, Ltd., v. H. Hunt. Hit) 2s. 7d., and .£1 10s; Gd.; Florence May Paulsen v. John White, £U 135.. and £1 10s. 6d.; Sniitli and Smith. Ltd., v. Edgar 11. Claridge, X 2 15s. 5d., and 10s.; J. B. Clarkson and Co., Ltd., v. William B. Watson, .£1 Is., and 55.; Commercial Agency, Ltd., v, A._ G, Sowman, 10s.. and !i*. ;/samc v. Mrs. Kate Ronslia, £4 ss. Gd., and 15=.; John George Wilkes (ewutor of J. G. Willies) v. ?rank M'Millan, ids. Id., and 55.; Ed-

ward K. M. L. Dymock (for Teter Hudson and Co., Ltd.), v. F. AV. Mills, - lGs. 10d., and ,£4 Bf. 10(1; A. S. Patterson and Co., Ltd., v. Jhing Lee, JC2O 3s. 4d., and Jii 145.; Clias. liegg and Co., Ltd., n v. Emily L. J. liaison, Jiso, and Bs. J j - ■ of JUDGMENT'SUMMONSES. t« Terangikawhuia was ordered to pay Harcoui't and others .£125 lfls. by March ni 13; C. It. P. Eden to pay J. G. Marshall Ji7l 3s. Bd. by March 13; and W. J. Scan- _ lon to pay W. M. Bannatync and Co., m Ltd., £i lis. 3d. by March 13.' THE BORROWED SIDE-CAR. 1 (Before Mr. W. G. Riddell, S.M.) ]][ William fenkinson, dyer and cleaner, k Wellington, sued Herman Ilaynian ICahn, s clothier, Wellington, for Os. (id., as the value of a tyro and inner tube of a ji side-car alleged to have damaged 0 | through tho negligent and unskilful driving by defendant of a motor bicycle to which the side-car was attached. The side-car had been lent by Jenlcinson to Kalin for an afternoon's run on the Hutt - Road. Mr. M. F. Luckie appeared for plaintilt, und Mr. J. Dickson for tho defend- 1 Qtlt. " His Worship heard evidence, and then lp gave judgment for plaintiff for XI. re . : a

"Well," said he, anxious to make up w their quarrel of yesterday, "aren't y u , curious to know what's in this parcel?" " "Not very," replied his ivife, indifferently. "Well, it's something for the ono I love best in. tho world." "Ah, I suppose it's those new collars you said you needed."